Thread: Abbey Case and Capquest Stat Demand, help needed.

Hi All,

I really hope one of you guys can help me confirm what I think I know. I have had a good look around the forums and can't quite find the answers I need.

I currently have a claim against the Abbey for unlawful charges stayed with the county court (stay in place since July 07). The value of the claim with interrest is now over £6000.

When I started the claim back in 2007 I was still banking with them and the account in question was my main current account. I had an overdraft of £1500 which I used monthly.

One month I was a victim of fraud and £700 was taken from my account in transactions in a foreign currency of which I managed to get £80 refunded. In my disgust at the impossible task of getting my own money back to me I opened a new account with A&L and stopped using the Abbey all together. The balance on the accoutn stood at -£2149 this was made up of overdraft and fraud transactions.

When the Abbey started chasing me for repayment Itold them that as my claim against them was greater I would wait until the outcome of the test case to see where we stood.

Fast forward to July 2009 and I receive a letter from Capquest trying to recover the £2149 from this account. I called them and explained the situation and told them in no uncertain terms to get lost.

They then asked me to prove my claim against the Abbey was real, this is where I lost my cool slightly. I told them that I would happily supply the details if they sent a self addressed envelope for me to return copy documents in. I continued that as Abbey had acting against the waiver/Banking Code I would not be responsible for providing anything.

Capquest have now sent me a Statutory Demand notice.

My questions are-

1- Should the Abbey have been able to sell this debt to Capquest and default my credit file?

2- What should I do now?

Sorry for the long post, I hope you guys can help me out.

Thanks in Advance

Dan